Non-liability of employer: instructing agent to commit a criminal act does not create indemnity obligation. An employer who employs another to perform a criminal act is not liable to indemnify the agent for consequences of that act, whether the promise to indemnify is express or implied. This principle prevents contractual indemnity for civil liabilities and costs that arise from an agent's commission of unlawful acts instructed by the employer, as shown in examples involving assault and defamatory publication.
Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
Non-liability of employer: instructing agent to commit a criminal act does not create indemnity obligation.
An employer who employs another to perform a criminal act is not liable to indemnify the agent for consequences of that act, whether the promise to indemnify is express or implied. This principle prevents contractual indemnity for civil liabilities and costs that arise from an agent's commission of unlawful acts instructed by the employer, as shown in examples involving assault and defamatory publication.
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